Bourgeois v. Bank of America (In re Bourgeois), No. 12-6056 (8th Cir. BAP March 22, 2013)
Ruling:
Incarceration was not an exigent circumstance and Debtor did not meet the standard for a Motion for Relief from Final Judgment, Order or Proceeding under FRCP 59(e) and FRBP 9023.
Chapter 7 debtor lacked standing to appeal because he could not demonstrate that either (1) a reasonable possibility existed that a surplus would exist if the order on appeal was denied or (2) the...
Rajala v. Gardner, et al., No. 12-3113 (10th Cir. March 12, 2013)
Ruling:
The Tenth Circuit affirmed the U.S. District Court's (Kansas) order granting motions to distribute funds held in escrow to two non-debtor parties over the objection of the Chapter 7 trustee, who...
Appeal of bankruptcy court's decision remanding case removed state court action to confirm arbitration award which was affirmed by district court was unreviewable by the court of appeals under 28...
The majority opinion ruled that by using the "context-specific" analysis based on the Nevada Statutes the involuntary bankruptcy case is viewed in the same context as a creditor seeking a charging...
Summarized by Amy Quackenboss , American Bankruptcy Institute
13 years 5 months ago
Citation:
Case No. 11-35162 (9th Cir. December 4, 2012)
Ruling:
Ninth Circuit held that a bankruptcy judge lacks constitutional authority to enter a final judgment in a fraudulent conveyance action against a nonclaimant to the bankruptcy estate, but that the...
Affirming the Bankruptcy Court for the District of Colorado, the Bankruptcy Appellate Panel for the Tenth Circuit held that: (1) the bankruptcy court (“BC”) had subject matter jurisdiction...
Summarized by Kevin Gray , Alabama Farmers Cooperative, Inc.
13 years 5 months ago
Citation:
Sundale, LTD. v. Florida Associates Capital Enterprises, LLC, No. 12-11450 (11th Cir. Nov. 29, 2012).
Ruling:
Considering Stern v. Marshall, 131 S. Ct. 2594 (2011), the bankruptcy court had jurisdiction to adjudicate a debtor's state law counterclaims, including a claim for recoupment, in adjudicating the...
Satterfield v. Malloy III, No. 11–5144 (10th Cir. Nov. 28, 2012)
Ruling:
The Barton Doctrine precludes litigation in district court by a debtor against a trustee in bankruptcy when the cause of action arises out of the trustee's official duties unless the movant can...
Rabalais v. Leon (In re Rabalais), No. 12-20255 (5th Cir. Nov. 19, 2012) [Not for Publication]
Ruling:
Affirming the District Court, the Fifth Circuit held that it lacked authority under the Rooker-Feldman doctrine to review a Debtor’s argument that a California state court improperly...
